- May 30, 2023
- Posted by: Muhammad Shehzad
- Category: Blogs
In Pakistan, over 70% of people own some kind of land or property, making it a very common practice. Due to the high percentage of property owners in Pakistan, thousands of owners change ownership of their properties every day, making this a common occurrence. Property transfers can happen in a variety of scenarios, and each one has a specific way. This blog will explain how to transfer property from husband to wife in Pakistan.
According to the Transfer of Property Act, you can transfer property ownership in Pakistan in three ways.
- Property ownership is transferred through inheritance after a person’s death.
- Property given as a gift is referred to as a gift.
- Transfer of ownership while purchasing property is referred to as buying or selling.
Only in the context of these three categories of property ownership transfers are your transfers permitted.
Property Transfer Procedure from Husband to Wife
In Pakistan, the transfer of property from a husband to a wife can accomplish through a legal process known as a gift deed. Moreover, this process involves the execution of a legal document that transfers ownership of the property from the husband to the wife as a gift. Here are the general steps involve in transferring property from a husband to a wife in Pakistan:
Consult an Attorney
It advises to seek the assistance of a qualified attorney who specializes in property and family law in Pakistan. Additionally, they will guide you through the legal requirements and help you with the necessary documentation.
Draft a Gift Deed
The attorney will help you draft a gift deed, which is a legal document that outlines the transfer of ownership from the husband to the wife. Moreover, the gift deed should contain details about the property, such as its description, location, and any relevant registration or survey numbers.
Stamp Duty & Registration
Pay the applicable stamp duty based on the value of the property as per the Stamp Act in your province. Stamp duty varies depending on the location of the property. In addition, the gift deed should then register at the relevant sub-registrar’s office. Both the husband and wife, along with two witnesses, will need to be present during the registration process.
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Gather the necessary documents, which typically include:
- Original title documents of the property.
- Copy of the husband and wife national identity cards (CNICs).
- Two passport-sized photographs of both the husband and wife.
- Proof of payment of stamp duty.
Two witnesses, who are not family members, must be present during the registration process. They will also need to provide their CNICs and photographs.
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Visit the sub-registrar’s office with all the required documents, along with the witnesses. The gift deed will present to the registrar, who will verify the documents and witness statements. Once the registration is complete, you will receive the registered gift deed.
Mutation of Property
After obtaining the registered gift deed, you should apply for mutation (transfer) of the property at the relevant municipal authority or local union council, depending on the location of the property. Moreover, this step ensures that the ownership details update in the land records.
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It is important to note that the exact requirements and procedures may vary slightly depending on the province in Pakistan, as property laws can differ between provinces. Therefore, it is advisable to consult with a legal professional familiar with the laws and processes in your specific location to ensure a smooth and accurate transfer of property.
Real estate laws in Pakistan include clearly defined norms and restrictions for transferring property ownership. Due to the rise in market fraud, the authorities have a tendency to strictly follow to these norms.